Summary
holding damages for emotional distress not recoverable under FMLA
Summary of this case from Dillaway v. FerranteOpinion
CASE NO. 4:01CV00809 JMM
February 12, 2002
ORDER
Defendant American Rail Car Industries, Inc. ("ART") has filed a Motion to Strike Plaintiff's Claim for Compensatory Damages and a Motion to Transfer this Case to the Jonesboro Division. For good cause shown, both motions will be granted.
Defendant moves to strike Plaintiff's claim for compensatory damages for the alleged violation of the Family Medical Leave Act, 20 U.S.C. § 2601 et seq. ("FMLA"). Plaintiff acknowledges that the weight of authority is against him on this issue, but urges the Court to consider cases from the Sixth and Seventh Circuit. The Court has considered those cases, but finds them insufficient to support Plaintiff's argument on this issue. The express language of the damages section of the FMLA does not contemplate compensation for emotional distress. See 29 U.S.C. § 2617(a)(1)(A). Plaintiff cites no case directly in support of his contention. This Court joins the long line of federal district courts holding that damages for emotional distress are not recoverable under the FMLA. See, e.g. Lovan v. American Railcar, 3:00CV00311-SIvIiR (E.D. Ark. filed January 12, 2001); Harper v. Hospital Serv. Dist. No. 1 of Tangipahoa Parish, No. Civ.A 97-3391, 1999 WL 58835, at *1 (E.D.La. 1999); Godwin v. Rheem Mfg. Co., 15 F. Supp.2d 1197, 1209 (M.D.Ala. 1998); Settle v. S.W. Rodgers, Co., Inc., 998 F. Supp. 657, 666 (E.D.Va. 1998); McAnnally v. Wyn South Molded Prods., Inc., 912 F. Supp. 512, 513 (N.D.Ala. 1996); Lloyd v. Wyoming Valley Health Care Sys., Inc., 994 F. Supp. 288, 291 (M.D.Pa. 1998); Dawson v. Leewood Nursing Home, Inc., 14 F. Supp.2d 828, 834 (E.D.Va. 1998); Vicioso v. Pisa Bros., Inc., No. 98 CIV 2027 (RWS), 1998 WL 355415, at *4 (S.D.N.Y. July 1, 1998); Churchill v. Enterprises, No. CIV.A. 97-3527, 1998 WL 254080, at *6 (E.D.Pa. Apr.17, 1998); Szabo v. Trustees of Boston Univ., No. Civ.A. 96-10806-GAO, 1998 WL 151272, at *6 (D.Mass. Mar. 18, 1998).
Defendant moves the Court to transfer this case to the Jonesboro Division. Pursuant to 28 U.S.C. § 1404(a), and without objection from Plaintiff, the Court finds that this case should be transferred to the Jonesboro Division. That forum appears to be more convenient for the parties and witnesses.
IT IS THEREFORE ORDERED that Defendant American Rail Car Industries, Inc.'s Motion to Strike Compensatory Damages (Docket No. 6) be, and it is hereby, GRANTED. Plaintiff may not recover compensatory damages on his FMLA claim.
IT IS FURTHER ORDERED that Defendant American Rail Car Industries, Inc.'s Motion to Transfer (Docket No. 4) be, and it is hereby, GRANTED. The Clerk of the Court is directed to transfer this case from the Western Division of the Eastern District of Arkansas to the Jonesboro Division of the Eastern District of Arkansas pursuant to 28 U.S.C. § 1406 (a).